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Les nouveaux entrepreneurs de guerre - Infoguerre

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Both parties hereto recognise and agree that the force capability to respond to all<br />

emergency and hostile situations will be constrained by the manpower and<br />

equipment level provi<strong>de</strong>d within the terms of this agreement. The achievement of<br />

the primary objective cannot be <strong>de</strong>emed to be a performance measure for the sake<br />

of this agreement if it can be <strong>de</strong>monstrated that for valid reasons it cannot be<br />

achieved within the given timescale and with the level of contracted resources<br />

provi<strong>de</strong>d.<br />

Sandline shall supply all the personnel and maintain all services and equipment as<br />

specified in paragraph 2.1 above to the appropriate standards of proficiency and<br />

operational levels as is generally expected from a high calibre, professional armed<br />

force.<br />

Sandline shall further provi<strong>de</strong> a project co-ordinator to act as the liaison officer<br />

between the company's management and the nominated representatives of the<br />

State. This individual will convene and attend regular meetings at such venues as<br />

he may be so directed.<br />

Sandline shall be responsible for any expense resulting from the loss or injury of<br />

any of its personnel for the duration of the agreement unless same is caused by the<br />

negligence of the State, its personnel or agents in which case all such costs will be<br />

fairly claimed against the State by Sandline and promptly paid for the benefit of<br />

the persons involved.<br />

Sandline will ensure that the contents of this agreement shall remain strictly<br />

confi<strong>de</strong>ntial and will not be disclosed to any third party. Sandline will not<br />

acknowledge the existence of this contract prior to the State issuing notifications in<br />

accordance with paragraph 4.11 below and will not take credit for any successful<br />

action unless this is mutually agreed by the parties. Furthermore, Sandline and its<br />

personnel are well versed in the requirement to maintain absolute secrecy with<br />

regard to all aspects of its activities in or<strong>de</strong>r to guard against compromising<br />

operations and will apply the necessary safeguards.<br />

Responsibilities of the State<br />

Immediately on signing this agreement the State automatically grants to Sandline<br />

and its personnel all approvals, permissions, authorisations, licences and permits to<br />

carry arms, conduct its operations and meet its contractual obligations without<br />

hindrance, including issuing instructions to PNG <strong>de</strong>fence forces personnel to cooperate<br />

fully with Sandline comman<strong>de</strong>rs and their nominated representatives. All<br />

officers and personnel of Sandline assigned to this contract shall be enrolled as<br />

Special Constables, but hold military ranks commensurate with those they hold<br />

within the Sandline command structure and shall be entitled to given or<strong>de</strong>rs to<br />

junior ranks as may be necessary for the execution of their duties and<br />

responsibilities.<br />

The State will ensure that full co-operation is provi<strong>de</strong>d from within its organisation<br />

and that of the PNG <strong>de</strong>fence forces. The Comman<strong>de</strong>rs of the PNG <strong>de</strong>fence forces<br />

and Sandline shall form a joint liaison and planning team for the duration of this<br />

97

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